Amendment V

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

This Amendment is also in several parts:

A. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury,

No person, except in the military  in time of war. May be charged with at major crime simply at the word of an official, the case must go to a grand jury.   (https://en.wikipedia.org/wiki/Grand_jury)  at bottom that is a group of citizens who must weight the merits of the case before charges can be made, It is a check on the power of the  state.

In time of war..this may be skipped and a military court act.

B. Nor shall any person be subject for the same offense to be twice

You cannot keep  trying that person till you get the decision you want as was sometimes done in Europe.

C. nor shall be compelled in any criminal case to be a witness against himself, 

You cannot torture a person into confessing. There have been cases were a person was tricked into confession and that in some cases has been ruled legal.

D. nor be deprived of life, liberty, or property, without due process of law; 

 ( You have the right to a lawyer and if you say anything but your name without one. Good Luck)

E. nor shall private property be taken for public use, without just compensation.

While private property may be taken  for public use, The person MUST be paid the market price.

Now (C)since 9/11 Terrorists have been waterboarded. that was considered legal by some as a act of war.  But no law was passed and the issue is still be debated.

Now (B)  there have been cases where a person got off on a crime and another charge was brought. There has been some debate on if that was an infringement that is also being debated.